What is the test for using the confrontation clause in civil litigation?

California, United States of America


The following excerpt is from People v. Flores, F070637 (Cal. App. 2017):

"The Sixth Amendment to the federal Constitution guarantees a defendant's right to confront adverse witnesses. [Citation.] In addition, the prosecution may not rely on 'testimonial' out-of-court statements unless the witness is unavailable to testify and the defendant had a prior opportunity for cross-examination." (People v. Harris (2013) 57 Cal.4th 804, 839-840.) Under federal confrontation clause jurisprudence, as interpreted

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